Filing for disability benefits from the Social Security Administration (SSA) can be a tedious process. When filing a disability claim, this claim will go through various stages, some of which may lead to the acceptance or denial of your claim. A denial of your claim can lead to further stages if you wish to file an appeal against the SSA’s decision. However, if you find yourself stuck without disability benefits, try contacting a Philadelphia denied benefits appeal lawyer for guidance.
After submitting your application for disability insurance, it may take a while before you receive a notice of the SSA’s decision. In the event that you receive a letter of denial, you can decide whether you want to file an appeal. Filing an appeal means you are arguing why you should receive disability benefits.
The appeals process for disability claims can be broken down into four levels.
The first level of the appeals process is reconsideration. Reconsideration involves a new person reviewing your original application material. This is akin to seeking a second opinion which can change your denial letter to an acceptance letter. However, a lawyer can look over your application before it is reconsidered to see if you should submit any additional evidence.
The next level is requesting a hearing by an Administrative Law Judge who had not seen your original application. This can be done online for a medical or non-medical determination. An appeals council will review your case at the next level and may return your case to the Administrative Law Judge for review.
If the appeals court denies you, the last level of appeals you can try for is the federal court review. This is a civil lawsuit that takes place in a federal district court.
One of the first and most important things you should know about disability claim appeals is that you have a time limit within which you can file. You must submit an appeal within 60 days after receiving your letter notice in order for your appeal to be considered. The only way out of this is to present sufficient reasoning behind why your appeal was submitted past the deadline.
You or your lawyer can request an Administrative Law Judge hearing. The time and location of the hearing are generally sent to people 20 days before the actual hearing. Witnesses and experts may be asked questions at the hearing by you or your lawyer to prove the validity of your claim. The Administrative Law Judge will be the deciding factor for whether you will be eligible to receive benefits, the decision of which will be submitted in writing.
If your disability application was denied and you are concerned about what this could mean for your future, try talking to an experienced Philadelphia disability lawyer. All you have to do is contact Edelstein & Nelson at (800) 300-0909 for a consultation today. We have the experience to know what your application may be missing or if you received an unjustified letter of denial.